2013 Ohio 371
Ohio Ct. App.2013Background
- Green, bicyclist, was injured in a crosswalk collision with Myles's vehicle on June 2, 2010 near Shaker Square.
- Green sued for reckless/negligent operation; case proceeded to jury trial in Cuyahoga County Common Pleas.
- Green alleged the car struck his knee while Green rode a 26-inch mountain bike; he claimed the car did not stop at the sign.
- Witnesses testified the car did not stop at the stop sign and struck Green in the crosswalk; one witness described the car leaving the scene.
- Myles testified she stopped at the sign, did not see Green, and Green struck her car; a dent was found on the vehicle.
- Trial court instructed the jury with a written set of instructions, but added an unagreed phrase during opening instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse discretion by adding an unagreed jury instruction? | Green argues the added phrase biased the jury in favor of Myles. | Myles contends the instruction clarified the concept of credibility/weight and did not prejudice Green. | Yes; first assignment sustained; biased appearance and prejudice found. |
| Did the denial of rebuttal time during closing violate Green's right to a fair trial? | Green lacked opportunity for rebuttal due to time limitations and court’s denial. | Court permitted closing time and no explicit right to rebuttal beyond allocated time. | Yes; second assignment sustained; denial created appearance of impropriety and fairness violation. |
| Was the bicycle's exclusion properly discretionary, given its relevance to the collision? | The bicycle's condition would corroborate Green's version and challenge the dent on Myles's car. | Evidence would be prejudicial and chain of custody concerns made it inadmissible. | No reversible error; third assignment overruled; exclusion did not affect substantial rights. |
Key Cases Cited
- Beard v. Meridia Huron Hosp., 106 Ohio St.3d 237 (2005-Ohio-4787) (evidentiary rulings reviewed for abuse of discretion)
- Braeunig v. Russell, 170 Ohio St. (1960) (closing argument duration and fairness considerations)
- Cox v. MetroHealth Med. Ctr. Bd. of Trustees, 2012-Ohio-2383 (Ohio Ct. App. 2012) (abuse of discretion standard for jury instructions)
- State ex rel. Stiles v. School Emps. Retirement Sys., 102 Ohio St.3d 156 (2004-Ohio-2140) (bias or prejudice concerns when jury instructions are not verbatim)